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Statutes Text

Article - Alcoholic Beverages




§12–2005.

    (a)    (1)    In response to a complaint, the Board may petition the circuit court for a temporary order that, on a license holder’s premises, limits the hours and days for the sale and consumption of:

            (i)    beer;

            (ii)    beer and light wine; or

            (iii)    beer, wine, and liquor.

        (2)    The court may issue the order if the court finds by clear and convincing evidence that:

            (i)    the activities arising from the sale and consumption of alcoholic beverages on the licensed premises have resulted in an extreme and continuing disturbance to a residential community;

            (ii)    the license holder has failed to exercise good faith in attempting to remedy the disturbance at the request or order of the Board; and

            (iii)    the Board has been unable to provide relief to the residential community by exercising its authority to suspend the license or reprimand the license holder.

        (3)    The duration of the order may not exceed the duration of the license term.

        (4)    The order shall be stayed pending appeal from the order.

        (5)    This section does not limit any other powers of the Board.

    (b)    (1)    This section applies only in the City on the inner perimeter of a rectangle bounded by 31st Street on the south, Greenmount Avenue on the east, 32nd Street on the north, and Barclay Street on the west.

        (2)    By regulation, the Board may restrict the hours and days for the sale and consumption of:

            (i)    beer;

            (ii)    beer and light wine; or

            (iii)    beer, wine, and liquor.

    (c)    (1)    This subsection does not apply to:

            (i)    a Class B beer and light wine license;

            (ii)    a Class B beer, wine, and liquor license;

            (iii)    a Class B–D–7 beer, wine, and liquor license;

            (iv)    a Class C beer and light wine license; and

            (v)    a Class C beer, wine, and liquor license.

        (2)    For a license holder in an area bounded by Liberty Heights Avenue, Northern Parkway, Druid Park Drive, and Wabash Avenue, the hours of sale:

            (i)    may not begin before 9 a.m. or end after 10 p.m.; and

            (ii)    may not be extended if they begin later than 9 a.m. or end before 10 p.m.

        (3)    For a license holder in an area bounded on the north by North Avenue, on the west by Central Avenue and Harford Avenue, on the south by Monument Street as it runs from North Central Avenue to North Wolfe Street and McElderry Street as it runs from North Wolfe Street to Luzerne Avenue, and on the east by Luzerne Avenue as it runs from Monument Street to Federal Street, then by Rose Street as it runs from Federal Street to North Avenue, the hours of sale:

            (i)    may not begin before 9 a.m. or end after 10 p.m.; and

            (ii)    may not be extended if they begin later than 9 a.m. or end before 10 p.m.



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